12. Troops at Polls: 18 U.S.C. § 592
This statute makes it unlawful for anyone in the military or
federal civil service to station troops or ���armed men” at the polls in a
general or special election (but not a primary), except when necessary
“to repel armed enemies of the United States.”
Violations are
punishable by imprisonment for up to five years and disqualification
from any federal office.
Section 592 prohibits the use of official authority to order
armed personnel to the polls; it does not reach the personnel who respond
to those orders. The effect of this statute is to prohibit FBI Special
Agents from conducting investigations within the polls on election
day, and Deputy U.S. Marshals from being stationed at open polls, as
both are required to carry their weapons while on duty.
This statute applies only to agents of the United States
government. It does not prohibit state or local law enforcement
agencies from sending police officers to quell disturbances at polling
places, nor does it preempt state laws that require police officers to be
stationed in polling places. And finally, it does not prohibit armed
federal response when a polling place has ceased to function because
of, for example, a bomb threat or active shooter.
13. Campaign Dirty Tricks
Two federal statutes, both of which are part of the Federal
Election Campaign Act (FECA), specifically address campaign tactics
and practices: 52 U.S.C. §§ 30120 and 30124. As is the case with
all other FECA provisions, violations of these two statutes are subject
to both civil and criminal penalties, 52 U.S.C. §§ 30109(a) and
30109(d) respectively. These penalties will be further discussed in
Chapter Five.
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